Issue Position: Copyright - Digital Rights

Issue Position

Zoe believes that we must combat digital piracy without branding every consumer a pirate. Unfortunately, the Digital Millennium Copyright Act has allowed copyright holders to exert unwarranted control over how consumers enjoy the books, music and movies they lawfully purchase. Zoe's bill, the BALANCE Act, restores the appropriate balance between copyright holder and consumer. The BALANCE Act provides copyright holders with the protection they need while giving consumers the flexibility they deserve.

For over one hundred years, copyright laws were aimed at striking a balance between the interests of copyright holders and the interests of society. On the one hand, copyright sought to encourage and reward an author's creative works. But as the Supreme Court stated in Twentieth Century Music Corp. v. Aiken, "[p]rivate motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts…."

Today's challenge is to maintain the balance in the digital age by finding ways to prevent digital piracy without treating every consumer as a pirate. Digital technology allows for perfect copies of copyrighted works. At the same time, digital technology lets copyright holders control how consumers enjoy the books, music and movies they lawfully purchase.

Contrary to the intent of Congress, the DMCA has been used to legitimize this control over consumer uses. It's been used to prohibit lawful users from circumventing technical restrictions, even to pursue rights they have.

This conduct alters the balance. My bill, the BALANCE Act, seeks to restore it. Without utilizing government mandates or other prescriptive measures that will ultimately only stifle innovation, it gives lawful consumers the tools to enjoy digital content in their home or car, or on their favorite mobile device. Consumers have demanded this flexibility. It is time to heed their demands.

Ultimately, this ideal will also help copyright holders. The only lasting solution to digital piracy is a legitimate alternative that is affordable, reliable, secure and respectful of consumer rights and expectations. Providing room for technological innovation will also spur economic growth and lead to more jobs.

This is the start of a long discussion. Consumers are poised to work with the technology and entertainment industries to ensure that in the future, copyrights are protected, innovation is encouraged, and legitimate rights and expectations are respected.

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